Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Gun Control Bills Filed In Advance Of New Mexico Legislature's 2017 Session

Thursday, December 29, 2016

Gun Control Bills Filed In Advance Of New Mexico Legislature's 2017 Session

Headlines Misrepresent True Scope of Proposed Restrictions

The headline which appeared in the Santa Fe New Mexican yesterday, "Lawmakers Vow to Close Gun Show Loophole" and the branding of gun control bills filed in advance of the 2017 Regular Session of the New Mexico Legislature are misleading and downright deceptive.  In fact, the words "gun show" are never even used in the proposed legislation.

Senate Bill 48, brought to Senators Richard Martinez (D) & Peter Wirth (D) by former New York City Mayor Michael Bloomberg's national gun control group, Everytown for Gun Safety, and the House companion, House Bill 50 by Stephanie Garcia Richard (D), go far beyond the proposed gun show restrictions the Legislature has previously debated.  SB 48 & HB 50 would criminalize nearly all private firearm sales between individuals, regardless of where those transactions take place, and require them to be conducted through a federal firearms licensed dealer with extensive government paperwork and a payment of an undetermined fee.  Limited exceptions are only made for sales to immediate family members, law enforcement and the military.

Additionally, the measures not only restrict gun sales (which, in most minds, would involve an exchange of currency or a permanent change of ownership), but also the transfer of firearms.  Because that term is specifically defined to mean "sell, furnish, give, lend, deliver or otherwise provide, with or without [monetary or other] consideration," these bills would treat gifts, loans, exchanges and other temporary changes in possession of a firearm as the equivalent of a sale by a firearms dealer, unless the transfer falls within one of the narrow exceptions. 

After voters in Maine defeated an Everytown-backed November ballot initiative to impose so-called "universal" background checks on private gun sales and transfers in that state, and after watching Nevada voters only approve a similar measure by a fraction of one percent of votes despite Bloomberg and Everytown spending twenty million dollars on that effort, gun control advocates are attempting to garner support for this misguided proposal in New Mexico by excluding some "temporary" firearm transfers from the acts' provisions.  Their list of exceptions (transfers taking place at shooting ranges, while hunting or trapping, during an organized competition or performance, or any time the transferor remains present the entire time the transfer is taking place) only serves to highlight the overreach of the bills and raise endless questions about their scope, compliance and enforceability. 

For example, under the language of these bills as filed, if "Mike" temporarily loaned his firearm to his close friend "Tim" to shoot while both were present together at the local firing range, a background check might not be required.  If Mike were to loan that same gun to Tim so that Tim could take it to practice shooting at the same range without Mike being present, a background check would be required for the initial transfer, and then another separate check would be necessary in order for Tim to legally return Mike his own firearm.  If Tim wanted to target shoot with Mike's firearm on Tim's own property or out on BLM land without Mike being with him, a background check would be required for the initial transfer and for the return of the gun.  Failure to comply with the background check requirements would trigger misdemeanor or felony-level penalties for temporary firearm transfers between non-exempt family members, friends, neighbors, colleagues, fellow gun club members, etc.  

The fact is no background check scheme will ever be "universal," because criminals will simply ignore the law; what these bills would do is cost law-abiding citizens time, money and the freedom to temporarily loan their firearms or privately sell guns from their personal collections to one another.

The New Mexico Legislature convenes for its 2017 Regular Session on Tuesday, January 17.  We will report back to you with more specifics and action items on these restrictive measures once lawmakers return to Santa Fe.

TRENDING NOW
Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

News  

Friday, September 7, 2018

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

Levi Strauss & Co. established its brand in the mid-19th century by selling durable clothing to working-class Americans. As Levi’s signature jeans gained popularity amongst a wider set in the middle of the last century, ...

Round Two: Gun Rights Groups Prevail (Again) in Second Challenge to Firearm Restrictions in Delaware’s State Parks, Forests

News  

Gun Laws  

Friday, October 12, 2018

Round Two: Gun Rights Groups Prevail (Again) in Second Challenge to Firearm Restrictions in Delaware’s State Parks, Forests

Gun rights groups, including the NRA’s Delaware affiliate, the Delaware State Sportsmen’s Association, scored an encore legal victory this week when the Superior Court of the State of Delaware invalidated parts of newly promulgated regulations ...

Jamie Lee Curtis “Proves” She is Not Anti-gun by Stating her Support for Banning Guns?!?!

News  

Friday, October 12, 2018

Jamie Lee Curtis “Proves” She is Not Anti-gun by Stating her Support for Banning Guns?!?!

Actors and actresses should generally stick to what they know best; repeating the lines others have written for them. Jamie Lee Curtis recently decided to try to explain, in her own words, how much she ...

Who’s BS’ing Now? Gonzalez Argues for Gun Confiscation but Insists She’s “Pro Second Amendment”

News  

Friday, October 12, 2018

Who’s BS’ing Now? Gonzalez Argues for Gun Confiscation but Insists She’s “Pro Second Amendment”

Gun control advocates are constantly looking for the right messenger to push an agenda that boils down to law-abiding Americans giving up their freedoms, their security, and their property without expectation of affecting the behavior ...

Senator from Tennessee or Times Square? Bloomberg Hosts Manhattan Fundraiser for Phil Bredesen

News  

Thursday, October 11, 2018

Senator from Tennessee or Times Square? Bloomberg Hosts Manhattan Fundraiser for Phil Bredesen

Is Phil Bredesen running for U.S. Senate to represent Memphis or Manhattan? Rocky Top or Rockefeller Center? Appalachia or the Big Apple? Tennessee voters might wonder after billionaire gun control financier and former-New York City ...

Nevada: Governor Sandoval Signs AB 118!

Monday, May 22, 2017

Nevada: Governor Sandoval Signs AB 118!

Today, May 22, Governor Brian Sandoval signed important pro-gun legislation, Assembly Bill 118, into law.  AB 118, sponsored by Assemblyman Skip Daly, will allow members of the military and those who have received an honorable ...

Anti-gun Researcher Refutes His Own Anti-gun Conclusion

News  

Friday, October 5, 2018

Anti-gun Researcher Refutes His Own Anti-gun Conclusion

Doctor Garen Wintemute’s latest contribution to “the prevention of firearm violence” comes in the form of a Perspective column published in the New England Journal of Medicine. Wintemute, you may recall, is the Director of ...

Bloomberg Finds Home in Today’s Democratic Party

News  

Friday, October 12, 2018

Bloomberg Finds Home in Today’s Democratic Party

In what observers have pegged as a preparatory step for a presidential run in 2020, on October 10 billionaire gun control financier and former-New York City Mayor Michael Bloomberg registered as a Democrat. Bloomberg ran as ...

Don’t Let Your State’s Governor Mansion Become a Gun-Free Home

News  

Wednesday, October 10, 2018

Don’t Let Your State’s Governor Mansion Become a Gun-Free Home

While Congressional elections will likely get the lion’s share of media coverage leading up to November 6, gun owners know that threats to our Right to Keep and Bear Arms do not only emanate from ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.